Things to consider before applying - Restaurant and cafe

There are things you will need to consider, including licence requirements, before applying for a restaurant and cafe liquor licence.

Applicants are advised to lodge liquor licence applications at least eight weeks in advance. The time taken to process an application will vary depending on a range of factors including the complexity of the application and any objections which may be raised.

Restaurant and cafe licences authorises the sale of liquor for consumption on the premises.

The predominant activity carried out at all times on the premises must be the preparation and serving of meals to be consumed on the licensed premises.

It's a condition of restaurant and cafe licences that the use of the licensed premises does not breach the planning scheme under the Planning and Environment Act 1987.

Applicants are required to provide a copy of the following information with their application:

A planning permit; or

A copy of an application for a planning permit; or

Evidence that a planning permit is not required to supply liquor as allowed for by the licence type you are applying for. This evidence may be a letter from the local council (or responsible planning authority) or a copy of the relevant planning scheme.

This ensures that the activities undertaken are consistent and appropriate for that area. For example, a licensee cannot operate a night club in an area where night club activity is not permitted under the local planning zone restrictions.

For a licence to be issued, the applicant must have the right to occupy the premises. You will need to provide a declaration of your right to occupy the premises:

once the lease agreement has been executed, and/or

settlement has occurred for the sale of the property, and/or

you have otherwise acquired the legal right to occupy the premises (i.e. you are the freehold owner of the premises, the Certificate of Title is in your name or your name is on the executed lease agreement, etc).

Maximum patron capacity

One of the following documents is required to determine a maximum patron capacity:

the most recently issued planning permit which contains a maximum patron capacity, or

a copy of an occupancy permit showing a prescribed patron capacity, or